The Supreme Court on Monday directed to release foreign prisoners or detainees who have completed 2 years in the detention centers instead of 3 years as directed in its earlier order, in view of the outbreak of Coronavirus COVID-19 Pandemic.
A bench led by the Chief Justice S.A. Bobde, Justice L.N. Rao and Justice Mohan M. Shantanagoudar was hearing the intervention application filed by Justice for Liberty Initiative, Assam based Charitable Trust, praying that the period of three years be reduced to one year so that detenues who have completed more than two years may be released.
The bench also reduced the amount of personal bond from 1 lakh to Rs 5000/- while reducing the minimum period of detention from three years to two years.
The Court had earlier in 2019, in writ petition titled as “Supreme Court Legal Services Committee V Union of India & ors”,imposed certain restrictions for release of such detainees that they should have completed more than three years in jail and also to furnish bond with two sureties of Rs 1,00,000/-
During the hearing, Solicitor General, Mr. Tushar Mehta contended that it would be hazardous to release such people since they would again mix with rest of the population and it would be difficult to trace them, in case the Government resorts to certain steps under the law.
Court said, “It is important to be cognizant of the fact that the said order dated 10.05.2019 was passed when there was no danger of any pandemic like the present one.”
“Having regard to the present circumstances prevailing in the country and having regard to the fact that we have already permitted the release of prisoners and people under detention in general, and such detenues who have completed three years upon their declaration as foreigners, we see no reason why the period should not be reduced from three years to two years, that is to say, the prisoners or detenues who have been under detention for two years shall be entitled to be released…,” the bench said.
It further said, “the prisoners or detenues shall be released on the same terms and conditions as those laid down in order dated 10.05.2019 except that they shall not be required to furnish a bond in the sum of Rs 1 Lakh. Instead they shall be required to furnish a bond in the sum of Rs, 5000/- with two sureties of the like sum of Indian Citizens.”
-India Legal Bureau